Hong Kong Case Law: Decisions & Judgments

Topic

Contract of employment

Legal area

Court

28 Mar 2013

SINGH GURPINDER v. CRAIGSIDE INVESTMENTS LTD t/a PIZZERIA ITALIA

Citation

SINGH GURPINDER v. CRAIGSIDE INVESTMENTS LTD t/a PIZZERIA ITALIA
Court

District Court
Case number

DCEC1978/2011

Applying the modern multifactorial test (Poon Chau Nam), the judge found the applicant was not an employee because the respondent exercised only minimal administrative control, delivery workers provided and maintained their own motorcycles and bore related financial risks, work assignments were taken voluntarily by turns, rostering was arranged by the workers, and there was no requirement of prior approval for leave; taken together these factors established an independent/contractual relationship rather than employment.
18 Feb 2005

WONG SAI PUI v. LAM NGAI PANG AND ANOTHER

Citation

WONG SAI PUI v. LAM NGAI PANG AND ANOTHER
Court

Court of First Instance
Case number

HCPI391/2002

Court found on the facts that the 2nd Defendant was not the employer of the Plaintiff and was not a decoration or construction contractor responsible for the site; accordingly claims against the 2nd Defendant in negligence, breach of contract, Regulation 38O and under the Ordinance fail; interlocutory judgment against the 1st Defendant remained and the court quantified damages against the 1st Defendant as set out in the judgment.
7 Apr 2000

SHAU LIN CHI v. SECRETARY FOR THE CIVIL SERVICE

Citation

SHAU LIN CHI v. SECRETARY FOR THE CIVIL SERVICE
Court

Court of First Instance
Case number

HCAL4/1999

The challenged decision was made by the Respondent in the capacity of employer on a factual, contractual matter and did not involve the exercise of public law powers or policy affecting others; therefore it did not raise a public law issue and was not amenable to judicial review, and conversion to an ordinary action was refused on discretional grounds.
26 Jul 1994

MATHESON PFC LTD. v. SIMON JANSEN

Citation

MATHESON PFC LTD. v. SIMON JANSEN
Court

Court of Appeal
Case number

CACV72/1994

Schedule 1(a) of the Labour Tribunal Ordinance restricts the Tribunal's jurisdiction to contracts of employment to be performed in Hong Kong and to overseas contracts governed by Cap.78; thus contracts to be performed outside Hong Kong (not falling under Cap.78) are excluded from the Tribunal's exclusive jurisdiction. The appellant's contract, performed in Indonesia, was therefore not within the Labour Tribunal's exclusive jurisdiction and the court action must be restored.

Hong Kong Case Law

SINGH GURPINDER v. CRAIGSIDE INVESTMENTS LTD t/a PIZZERIA ITALIA

WONG SAI PUI v. LAM NGAI PANG AND ANOTHER

SHAU LIN CHI v. SECRETARY FOR THE CIVIL SERVICE

MATHESON PFC LTD. v. SIMON JANSEN